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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, C.J., SUBHASH UPADHYAY
Mohd. Rizwan – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Manoj Kumar Gupta, C.J.
1. The present Writ Petition has been filed, praying for the following reliefs :-
“i) Issue a writ of certiorari quashing the impugned Vehicle Challan No.VC6700001044 dated 10.3.2026, Vehicle Challan No.VC6700001045 dated 10.3.2026 and Vehicle Challan No.VC6700001046 dated 10.3.2026 issued under the authority of Director of Geology and Mining of Uttarakhand (contained as Annexure No.1 to this writ petition).
ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to release the vehicles of the petitioner confiscated by the impugned Vehicle Challan No.VC6700001044 dated 10.3.2026,Vehicle Challan No.VC6700001045 dated 10.3.2026 and Vehicle Challan No. VC6700001046 dated 10.3.2026.”
2. The case of the petitioner is that he was transporting ordinary soil, purchased from one Guru Kripa Enterprises, through Inter State Transit Pass, issued under Uttarakhand Minor Minerals (Concession) Rules, 2023. On 10.03.2026, the vehicles were checked at Matish Check Post by one Krishna Teja, District In-Charge, Kailash Riverbed Mineral, Udham Singh Nagar. It is alleged that he, without examining the Transit Pass, forcibly g
Contractors authorized under mining rules can issue e-challans for overloading, validating the enforcement actions taken when regulations are contravened.
The judgment clarified the legal requirements for transporting minor minerals and the consequences of non-compliance with the Haryana Minor Mineral Concession Rules.
A valid challan for mining activities protects the holder from claims of illegal mining, provided they comply with the terms of the challan and the circumstances leading to any delays are justifiable....
Confiscation of vehicles requires a competent court's order based on a written complaint, not an FIR; statutory procedures must be followed.
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